Allowed

Shiv Kumar v. State of U.P.

Allahabad HC27 Mar 2019BAIL/12382/2019

Case brief

AI extract

What is this about?

This judgment grants bail to an applicant charged under the N.D.P.S. Act who failed to attend court due to unavoidable circumstances and absence of local counsel. The court allowed the application on a personal bond with sureties and standard conditions.

What did the court decide?

Release of applicant Shiv Kumar on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each.

Shiv Kumar Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12382 of 2019

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Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Neel Mani Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate and perused the record.

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By means of this application, the applicant who is involved in Case Crime No.307 of 2016, under Section 21/22 N.D.P.S. Act, Police Station Kotwali, District Mathura, is seeking enlargement on bail during the trial.

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It is submitted by the learned counsel for the applicant that earlier by order dated 02.05.2017, the applicant was granted bail, copy of the said order appended as Annexure no.2 to the application. Thereafter he was regularly attending the Court but on 31.05.2018, he could not appear before the trial court due to unavoidable circumstances. Since the local counsels for the applicant was out of station on 31.05.2018, therefore, his adjournment application could not be moved.

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In view of above, on account of non-appearance of the applicant, non-bailable warrant has been issued against the applicant. It is submitted that the applicant has not wilfully misused the liberty of bail and it is also submitted that till date any prosecution witness has not been examined in the trial court. Lastly, it is submitted that the applicant undertakes that he will appear on each and every date on the Court and will cooperate with the trial.

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Per contra, learned Additional Government Advocate has opposed the application for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Shiv Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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iii) The applicant will not indulge in any unlawful activities.

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iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 27.3.2019/SKD

Shiv Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shiv Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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